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Archive for April, 2012

Did you receive American Recovery and Reinvestment Act (ARRA) funding?

Friday, April 20th, 2012

As Equal Opportunity professionals, we normally look to Title VII of the Civil Rights Act of 1964 (Title VII) as the law requiring nondiscrimination and equal opportunity in our employment practices. Title VI of the Civil Rights Act (Title VI), on the other hand, requires nondiscrimination and equal opportunity in federally funded programs and activities. Rarely does Title VI apply to employment practices.

But, in Rogers, et al. v. Board of Education of Prince George’s County, Case No. 8:11-cv-01194-PJM (D. Md. Apr. 9, 2012), the district court outlined the narrow circumstances under which an employment-related discrimination complaint may be brought under Title VI. Under the facts of Rogers, certain teachers suffered termination of employment and brought complaints against the school board under Titles VI and VII of the Civil Rights Act. The court observed that evidence of record indicated that the U.S. Department of Education provided more than $1 billion in funding through the American Recovery and Reinvestment Act of 2009 (ARRA) to Maryland public schools “for the express purpose of creating jobs and maintaining existing ones.” As a result, the court maintained that, if the jury concludes that a primary objective for the funding was providing employment, then the school board’s employment practices would be covered by Title VI as well as Title VII. On the other hand, if the jury determines that a primary objective of the funding was education, then the teachers’ Title VI claims against the school board must fail.

So, if your organization received ARRA funding (or any other federal funding) for a primary objective of creating and/or maintaining jobs, your employment practices may be governed by Title VI as well as Title VII.

Seena Foster is an attorney and award-winning author of “Civil Rights Investigations Under the Workforce Investment Act and Other Title VI-Related Laws: From Intake to Final Determination.” She is also a Partner with Title VI Consulting in Alexandria, VA. You may visit her website at www.titleviconsulting.com.

U.S. Department of Labor Launches Online Tool for Health Careers

Friday, April 20th, 2012

The Virtual Career Network, at http://www.vcn.org, is co-sponsored by the U.S. Department of Labor’s Employment and Training Administration and the American Association of Community Colleges. Whether you are looking for employment trends in the health care sector, income trends, free online courses, availability of financial aid, or identification of training programs in your locality, the Virtual Career Network is a one stop source of invaluable information.

Compliance With Federal Civil Rights Laws

Sunday, April 1st, 2012

Attorney and award-winning author, Seena Foster, has developed a series of free informational papers available through this blog, which are designed to help Equal Opportunity Professionals comply with the nondiscrimination and equal opportunity mandates of federal civil rights laws. For more information about Ms. Foster and the services she offers, you may visit www.titleviconsulting.com. The following is a list of articles to date:

September 2011:

Harassment and Hostile Environment: Understanding the Basics
The WIA Equal Opportunity Officer: Who Are You, To What Are You Entitled, and What Are You (supposed) To Do?
Library Essentials for the Equal Opportunity Officer
The Importance of “The Script”
“Unemployed Need Not Apply”: The Road to Nowhere for Our Economy

October 2011:

“EO is The Law” and “EEO is The Law”: Understanding Some of The Distinctions
“Adverse Actions” in Federal Civil Rights Discrimination Complaints
Press Release from the U.S. Department of Labor–New Facebook Site for Jobs
Collecting and Storing Medical Information: Federal Civil Rights Laws and HIPAA
Religious Accommodation in Federally-Funded Programs and Activities: An Overview
The “Basis” of a Discrimination Complaint: What It Is and Why It’s Important

November 2011:

Limited English Proficiency (LEP) Persons: Some Basics in Federally Funded Programs and Activities

December 2011

The Road to Nondiscrimination: Focusing on The Fundamentals

January 2012

Immigration-Related Unfair Labor Practices: Guidance for Employers

February 2012

The Meaning of “Disability”

March 2012

“Auxiliary Aids and Services Available on Request to Individuals With Disabilities”

April 2012

Your Discrimination Complaint Log

Coming in May 2012

Investigating Pregnancy Related Discrimination Complaints